The U.S. Court of Appeals for the 9th Circuit handed gun rights advocates a major victory today by invalidating San Diego, Californias requirement that conceal-carry permits only be issued to those gun owners who have a good cause to carry a concealed gun in public. According to local officials, ones personal safety is not considered good cause. In his opinion for a divided three-judge panel of the 9th Circuit, Judge Diarmuid F. O'Scannlain rejected the local governments approach as an unconstitutional infringement on the Second Amendment.

In California, the ruling observes, the only way that the typical responsible, law-abiding citizen can carry a weapon in public for the lawful purpose of self-defense is with a concealed-carry permit. And, in San Diego County, that option has been taken off the table.

As Brian Doherty noted on Tuesday, the U.S. Supreme Court is currently considering whether it will take up two other cases that also center on the Second Amendments reach outside of the home. This new ruling from the 9th Circuit makes it all the more likely that the question of gun rights in public will soon be addressed by the Supreme Court.

Today's ruling by the 9th Circuit in Peruta v. County of San Diego is available here.

I am shocked that California did something right for a change, meanwhile, on twitter, Piers Morgan(Who has armed guards protecting his Beverly Hills Mansion) is freaking out LOL..love it when Commie loons have a meltdown

Overall, yes. But federal appeals courts sit in randomly-drawn 3-judge panels, and the panel here included two conservative judges. (There are some on the 9th Circuit; they're just outnumbered.) There will probably be a motion for rehearing en banc, and I'll bet it gets granted. (In most circuit courts, that means rehearing by all of the judges on the Circuit, but the 9th Circuit is so big that an en banc rehearing is before 11 randomly-selected judges.)

Hang tight. The 9th Circuit is known for having more decisions overturned by SCOTUS than any other court. It's not known as the “9th Circus” for nothing. And, as most of us know, any decision by SCOTUS concerning the 2nd amendment is just one dissenting opinion away from nullifying it. Just one vote. Given the bizarre opinion rendered by CJ Roberts for Obamacare, care to guess how that would go?

16
posted on 02/13/2014 1:00:52 PM PST
by PowderMonkey
(WILL WORK FOR AMMO)

“The U.S. Court of Appeals for the 9th Circuit handed gun rights advocates a major victory today by invalidating San Diego, Californias requirement that conceal-carry permits only be issued to those gun owners who have a good cause to carry a concealed gun in public. According to local officials, ones personal safety is not considered good cause.

We have the same bs up in Northern California. Due to the increases and constant threat of criminal attacks in many of my fly fishing areas, I don’t go to those places any more.

Then come two more problems:

1. C&C permits are only granted for the county you live in. I seldom fish, hike or kayak in remote parts of my county. So if I ever got a permit, it would only be valid in my county not in the many other areas I would like fly fish, hike or kayak in.

2. Here in my county, even without a traffic violation, I can’t get a C&C permit for my personal safety, my wife’s or any grand kid with me.

It has been suggested that I get a waterproof pistol and carry it in plain sight when, I fly fish, hike, kayak or even drive in some areas.

I’m about half way through the ruling. This opens up a very interesting avenue to achieve a sort of backdoor Constitutional carry; if the state must allow either concealed carry OR open carry and it elects a preference for concealed carry, as CA has, then it could be argued that gun permits must be issued free of charge to the indigent.

26
posted on 02/13/2014 1:37:50 PM PST
by RKBA Democrat
(Having some small say in who gets to hold the whip doesn't make you any less a slave.)

The 9th Circuit panel here held that bans on open carry and near-blanket refusals of concealed carry applications are unconstitutional, i.e., the government has to choose which of the two it really wants. That is a reasonable holding. IMO the near-blanket refusals of concealed carry permits will ultimately be determined by the US Supreme Court, but the 9th Circuit holding here will likely be upheld by an en banc review. Certainly the Supreme Court will uphold it.

But California state & local governments will fight everything to the end. We just now know how it will end on open carry. That's not something local governments can restrict - only the state government can.

You sure about that? I have a friend with a concealed carry permit (He lives north of Guernville) and he told me it's good for the entire state of California. I did a search on the Internet and found nothing on point.

CA ccw permits are valid anywhere in the state, subject to some restrictions, court houses, state gov offices and so forth. CCW holders can even carry in a school. Check the California Rifle and Pistol Association web site.

The way I understand this ruling, one still has to get a CCW permit but does not need to have a valid reason to possess a permit.

Oh cynical me; a few weeks ago a CCW holder from Florida drove his car up the east cost going through a state where a highway patrolman pulled him over for no apparent reason. The officer obviously checked the Florida CCW registry and saw the man held a permit to carry. This cop asked the man if he had any firearms in his car, which the man answered no. The cop then told him to exit the car and as another patrol unit arrived on scene, the cops starting searching the mans car looking for firearms. The man fortunately left his pistol at home, otherwise he would have been arrested by these cops and would have had his firearm confiscated.

I don't believe for a minute that I am alone when I say I am very distrusting of cops, judges and politicians so I proceed accordingly.

1. C&C permits are only granted for the county you live in. I seldom fish, hike or kayak in remote parts of my county. So if I ever got a permit, it would only be valid in my county not in the many other areas I would like fly fish, hike or kayak in.

According to usacarry.com, the permit allows you carry throughout the state. The picture of the CA license seems to bear this out:

36
posted on 02/13/2014 2:30:06 PM PST
by PapaBear3625
(You don't notice it's a police state until the police come for you.)

“Oh cynical me; a few weeks ago a CCW holder from Florida drove his car up the east cost going through a state where a highway patrolman pulled him over for no apparent reason. The officer obviously checked the Florida CCW registry and saw the man held a permit to carry. This cop asked the man if he had any firearms in his car, which the man answered no. The cop then told him to exit the car and as another patrol unit arrived on scene, the cops starting searching the mans car looking for firearms. The man fortunately left his pistol at home, otherwise he would have been arrested by these cops and would have had his firearm confiscated.”

Disclaimer:
Opinions posted on Free Republic are those of the individual
posters and do not necessarily represent the opinion of Free Republic or its
management. All materials posted herein are protected by copyright law and the
exemption for fair use of copyrighted works.